Ansari Solicitor Firm

The registration of FIR has got significant position under the law. Nowadays the police authority is reluctant in registering the FIR and tends to avoid the investigation.

Section 154(1) provides that the complainant first has to approach the concerned police officer for lodgment of his FIR and if he does not accept then send it by registered post and after ten days send it to the Commissioner of Police or Superintendent of Police as per section 154(3). And if no FIR is registered then the complainant can make an application under section 156(3) before the concerned Magistrate.

Important citation is Lalitakumari vs. State of UP

Prevention of Women from Domestic Violence Act, 2005

The High Court of Gujarat has recently held that quashing petition under section 482 of Code of **** Procedure, 1973, is not maintainable in case of complaint under the DV Actmade by a woman. The Court also held that the proceedings are civil in nature and hence Code of **** Procedure, 1973 does not apply to it. The party name isNarendrakumar @ NitinbhaiManilal Shah and Ors. Vs State of Gujarat reported in 2014 (2) G.L.H. 346.

Fraud with foreign companies

In recent past most foreign companies are collaborating with Indian companies or individuals to grow their businesses in India. This scenariorequires an atmosphere of trust between the foreign and Indian companies and. The cases of fraud are on a rise in India since couple of years. If continued, it is likely to adversely affect the economic growth of India and dissuade the foreign companies from investing in India. This is a big problem which would ultimately affect the overall investments that may be made in India and hence requires to be dealt with firmly. It may have impact on the brand and market reputation of the company investing in India. There are many kinds of frauds like asset misappropriation and financial misstatement, pay rolls fraud, procurement frauds, accounting frauds, kick backs, financial reporting fraud etc…

Hostile Witness

It is held in the case of HinabenHaribhai reported in 1996(2) G.L.H. 421 that those witnesses who contradict their earlier statements are called “Hostile Witness”.Section 3 and 154 of the Indian Evidence Act deal with the statement of witnesses. They also give the prerogative to the Public Prosecutor to declare any witness as hostile and the appeal against such orders are usually rejected by the Court of law.